Mumbai, India – January 29, 2022 – Vivek Rajendra Gupta, a 19-year-old student, has been granted bail by a Mumbai Sessions Court in connection with a scooter theft case. Additional Sessions Judge M.G. Deshpande, presiding over Court Room No. 16, granted bail in Bail Application No. 211 of 2022, citing the recovery of the stolen scooter and Gupta’s student status.

Gupta was arrested in connection with C.R. No. 983/2021 registered at Vakola Police Station, facing charges under Section 379 (theft) of the Indian Penal Code (IPC).

The Alleged Theft and Recovery:

According to the prosecution, on December 6, 2021, Kumar Tanmay Ramesh Sawant parked his Activa 4G scooter near Dutta Mandir Road, Santacruz (E). The next day, he discovered that the scooter was missing and filed a police complaint.

The police subsequently apprehended Gupta and his associate, Navrang Arun Pandit, allegedly in possession of the stolen scooter at D’mello Compound.

Defense Arguments:

Gupta’s defense argued that the stolen scooter had been recovered and that sufficient time had been given to the investigating officer to complete the investigation. They emphasized that Gupta was a young student at Chetna’s Hazarimal Somani College and that he had been granted bail in other cases.

Prosecution Objections:

The prosecution opposed the bail, citing Gupta’s alleged involvement in four other cases and the possibility of him repeating the crime or absconding. They also argued that Gupta was a habitual offender.

Court’s Reasoning and Decision:

Judge Deshpande, after reviewing the case records and hearing arguments from both sides, granted bail to Gupta. The court noted that the stolen scooter had been recovered and that Gupta was a student.

“In my opinion even if he is involved in other offences, he was already released on bail for the said offences. Keeping the accused behind bars for endless period, when investigation is almost over, is not justified,” Judge Deshpande stated in his order.

The court also emphasized that if certain conditions were imposed on Gupta, the prosecution’s objections could be addressed.

Bail Conditions:

Gupta was granted bail on the following conditions:

• He must execute a personal bond of Rs. 15,000 and provide a surety of the same amount.
• He must attend Vakola Police Station once a week on Mondays for 60 days.
• He must not pressurize prosecution witnesses, tamper with evidence, or abscond.
• He was granted provisional cash bail of Rs. 15,000 for four weeks.
• Bail before the learned Court of First Instance.

Implications:

This case highlights the court’s consideration of factors such as the recovery of stolen property, the accused’s student status, and the completion of the investigation when deciding on bail applications. It also demonstrates the court’s willingness to impose conditions to address the prosecution’s concerns and ensure the accused’s presence during the trial. The court also showed it will consider that if bail was already granted in other cases, that it can be a factor to grant it again.